National
Senate committee: Republican attorneys general abused power demanding trans medical records
AGs used ‘abusive legal demands’
In a 10-page report released on Tuesday by staff for the Democratic majority of the U.S. Senate Finance Committee, the Republican attorneys general of Tennessee, Missouri, Indiana, and Texas are accused of using “abusive legal demands” to collect the medical records of transgender patients in furtherance of the attorneys general’ “ideological and political goals.”
According to the document, which is titled “How State Attorneys General Target
Transgender Youth and Adults by Weaponizing the Medicaid Program and their Health Oversight Authority,” the attorneys general used specious or misleading legal pretexts to justify their issuance of civil investigative demands to healthcare providers.
For example, the office of Tennessee Attorney General Jonathan Skrmetti framed the request as part of a probe into the potential misuse of Medicaid funds, while the offices of Indiana Attorney General Todd Rokita and Missouri Attorney General Andrew Bailey cited suspected violations of consumer protection laws. The office of Texas Attorney General Ken Paxton, which demanded records from “at least two hospitals located in Texas as well as at least two medical providers” in Washington and Georgia, did not disclose why the requests were issued.
The report found that information requested by the attorneys general’s offices included “invasive items such as unredacted physical and mental health records, photographs of children’s bodies, correspondence to hospitals’ general email addresses for LGBTQIA+ patients, and lists of people referred for transgender health care.”
In response, and in what the committee called “a grave violation of patient privacy and trust,” some providers turned over “near-complete, patient-identifiable” information while others used legal processes available to them such as privacy protections in the Health Insurance Portability and Accountability Act to share fewer details with the attorneys general’s offices.
The report noted that Vanderbilt University Medical Center in Nashville had “failed to object in any material manner to the Tennessee attorney general’s sweeping request and then caused undue terror to young patients and their families by supplying the Tennessee attorney general with some of the records requested and then, again, by erroneously notifying some patients of medical record disclosures that had not occurred.”
News concerning Vanderbilt’s receipt of and compliance with the demands from Skrmetti’s office was made public in June, sparking widespread concern and panic among many of the center’s trans patients and their families. Some, according to the report, experienced suicidal ideation and emotional distress including depression and anxiety.
A plaintiffs’ lawsuit was filed in July over VUMC’s failure to redact personally identifying information from the medical records. The following month, the center disclosed plans to comply with an investigation by the U.S. Department of Health and Human Services Office of Civil Rights.
In a statement to NBC News, Michael Regier, the medical center’s general counsel and secretary, said the hospital disputes the findings published in the committee’s report and had submitted “a detailed letter outlining our concerns about its proposed findings before it was released.”
“We made every effort to both protect our patients and follow the law,” Regier said, adding that “At no point did we violate privacy laws, and we strongly disagree with any suggestion that we did.”
However, the committee’s report notes that by contrast, providers in other states like the Washington University School of Medicine in St. Louis refused to turn over patient records, citing privacy concerns and HIPPA regulations. And after staff for U.S. Sen. Ron Wyden (D-Ore.), the committee chair, had requested and reviewed copies of correspondence between VUMC and the Tennessee attorney general’s office, they concluded that the documentation “sheds light, for the first time, on the full extent of VUMC’s acute and repeated failures to protect its patients.”
For example, the report explains that after Skrmetti’s office issued the initial request to VUMC, it followed up with two additional civil investigative demands for “confidential information across 18 categories without any bounds on the number of patients or people implicated” ranging from “employment contracts for physicians to volunteer agreements for the
VUMC Trans Buddy Program to communications to and from a general email address.”
In response, the hospital shared “65,000 pages of documents, including the medical records of 82 transgender patients.” The information that was provided pursuant to receipt of Skrmetti’s office’s third civil investigative demand is unknown.
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Supreme Court declines to hear lawsuit against Montgomery County schools gender guidelines
4th Circuit last August dismissed parents’ case
The U.S. Supreme Court on Monday declined to hear a lawsuit against Montgomery County Public Schools guidelines that allow schools to create plans in support of transgender or gender nonconfirming students without their parents’ knowledge or consent.
Three parents of students in the school district — none of whom have trans or gender nonconfirming children — filed the lawsuit.
A judge on the 4th U.S. Circuit Court of Appeals last August dismissed the case. The plaintiffs appealed the decision to the Supreme Court.
Representatives Suzanne Bonamici (D-Ore.), Mark Pocan (D-Wis.), and Sharice Davids (D-Kan.) reintroduced legislation to increase access to needed services and resources for LGBTQ seniors who live in rural areas this week.
The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging located in rural communities to better serve and support LGBTQ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.
Recent surveys show that between 2.9 million and 3.8 million LGBTQ people live in rural American communities.
“LGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,” SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. “We commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.”
“LGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,” said Bonamici, chair of the Equality Caucus’s LGBTQ+ Aging Issues Task Force.”Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.”
“The Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. I’m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,” Bonamici added.
“Rural LGBTQI+ seniors have been lacking access to necessary services and care for too long,” said Pocan, co-chair of the Congressional LGBTQ+ Equality Caucus. “The Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.”
“Many of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,” said Davids. “While they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.”
The Elder Pride Act complements the Older American Act, which was updated under Bonamici’s leadership, by establishing a rural grant program designed to fund care and services for LGBTQ seniors. The grant would also support programs that:
• Provide services such as cultural competency training for service providers;
• Develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;
• Expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,
• Disseminate resources on sexual health and aging for senior service providers.
A fact sheet on the legislation can be found here, and the full text can be found here.
State Department
State Department travel advisory warns of potential anti-LGBTQ violence
FBI issued similar warning this week
The State Department on Friday issued a worldwide travel advisory that warns of potential violence against LGBTQ people and LGBTQ-specific events.
“Due to the potential for terrorist attacks, demonstrations, or violent actions against U.S. citizens and interests, the Department of State advises U.S. citizens overseas to exercise increased caution,” reads the advisory. “The Department of State is aware of the increased potential for foreign terrorist organization-inspired violence against LGBTQI+ persons and events and advises U.S. citizens overseas to exercise increased caution.”
The advisory further urges U.S. citizens to:
- Stay alert in locations frequented by tourists, including Pride celebrations and venues frequented by LGBTQI+ persons.
- Enroll in the Smart Traveler Enrollment Program (STEP) to receive information and alerts and make it easier to locate you in an emergency overseas.
- Follow the Department of State on Facebook and Twitter.
The Federal Bureau of Investigation and the Homeland Security Investigations earlier this week issued a similar advisory.
The advisory notes June 12 will mark eight years since the massacre at the Pulse nightclub in Orlando, Fla.
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